funny concept. congrats on 200.
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Though I hate to say it, this challenge would technically be against the charter of the site. You’re not supposed to use trademarked characters, since that would open Ficlets to possible legal action.

I got dibs on the philosophical debate between Gargamel and Father Smurf. I’m loving the 80’s infused challenges lately!
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Under copyright law, it’s allowed if it’s clearly a satire, by the way…

Good point, Robotech_Master. But I believe that this would fall under Fair Use, if my understanding of that policy is correct. If not, my apologies, and Ficlets and remove this at their leisure.

I don’t see any copywright problems. If it is a satire, I don’t see the problem. Hey Kev, If you read this please let us know. I am still entering this though. No fair Ana, I wanted to do Father Smurf. No problem, I just do some research on 80s cartoons and make a awesome ficlet!
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Agreed. If I may, could I ask that people hold off on posting stories for this challenge, please. Just until we hear from Kev as to whether or not this is okay. Like I said, I don’t see a problem, as I believe this falls under Fair Use. But, at the same time, I don’t want to cause any problems for my favourite site. If necessary, I do have a backup challenge in mind.
Thanks, all!

I’m not a lawyer, this isn’t legal advice, yatta yatta, but:

The thing about Fair Use is that it’s not actually a “right,” though people say it is. It’s a “defense.”

Fair Use doesn’t mean you can’t be sued.

It means if you are sued, you can say, “It’s Fair Use” and then the judge gets to decide whether it is or not, and if it is you’re off the hook. (But you’ve still had to spend money and time on getting lawyered up.)

To be honest, I doubt anyone would care legally one way or the other about this particular contest. But, IMO , it might set a bad precedent.

I hate to rain on your parade, as I could have a lot of fun writing a challenge post myself. But I’d rather be safe than sorry.

(Though, technically, even if someone did get upset, I think that the “Fair Harbor” provision of the DMCA would protect them from a suit as long as they took the stuff down if someone complained. But again, I am not a lawyer, etc.)

I’ve sent a note off to Kevin to get his opinion. If he asks me to change it, I will. I will leave a note here, one way or the other, when I get a response.
Thanks for your patience on this one, folks.

Got a reply back from Kevin. He suggested that, even though “fair use” should cover it, that it be changed to “80’s cartoon archetypes” instead. I think that works just beautifully, and it still holds with the spirit of the challenge.

Controversy or no, I’ve thrown my hat in the ring. It wound up a bit awkward, cause I tried to keep it vague who the discussants are. But it was fun to imagine. Fun challenge.

great challenge and some people.. no names.. are such a buzz kill and take things waaaaaaay to seriously.
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